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GRAY v. SWANNEY-McDONALD, INC.

Nos. 24476, 24504.

436 F.2d 652 (1971)

Otto D. GRAY, etc., et al., Plaintiffs-Appellants, v. SWANNEY-McDONALD, INC., Defendant-Appellee. William LAWMAN, Plaintiff-Appellant, v. SWANNEY-McDONALD, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied February 1, 1971.

Attorney(s) appearing for the Case

Fred J. Martino, Beverly Hills, Cal., for appellants.

G. G. Baumen, Los Angeles, Cal., for appellee.

Laurence H. Silberman, Solicitor of Labor, Bessie Margolin, Associate Solicitor, Carin Ann Clauss and Donald S. Shire, Washington, D. C., amici curiae.

Before CARTER, HUFSTEDLER, and TRASK, Circuit Judges.

HUFSTEDLER, Circuit Judge:

Appellants, 12 tow truck drivers, appeal from the dismissal of their action against Swanney-McDonald, Inc., seeking to recover overtime compensation to which they claim entitlement under section 7(a) (1) of the Fair Labor Standards Act, 29 U.S.C. § 207(a) (1). Appellants contend that the district court erred in holding that Swanney-McDonald was exempted from coverage of the Act by 29 U.S.C. § 213(a) (2) and in holding that part...

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